All Utah defendants are guaranteed the right to effective assistance of counsel under the U.S. Constitution’s Sixth Amendment. It is possible to appeal a Utah conviction if a defendant can show that their attorney provided ineffective assistance during a trial or plea negotiation. When filing an appeal based on ineffective assistance of counsel, a defendant […]
Proving Ineffective Assistance of Counsel in Utah Read More »
It is somewhat uncommon for a criminal defendant in Utah to receive the maximum sentence for a crime. Many crimes have the potential to carry lengthy sentences, but defendants routinely receive smaller sentences as a result of plea bargains and judicial discretion. When multiple crimes are involved, it is possible for sentences to run at
When is a Utah criminal sentence excessive? Read More »
A Utah appeals court recently overturned the theft conviction of the Utah man, citing an erroneous jury instruction. The defendant was Joseph Brandon Crowley, who was convicted of receiving stolen property and theft by deception. Investigators say that Crowley pawned an iPod which had been stolen from a car two weeks earlier. The owner of
Utah Court: Defendant Prejudiced by Jury Instruction Read More »
Prosecutors have a wide latitude in making closing arguments. Although name calling is not an admirable or officially condoned style of argument, appellate courts in Utah have been reluctant to find a prosecutor’s name calling to be a ground for reversing a criminal conviction. One Utah defendant recently attempted to have his conviction overturned on
Zoo comparison did not violate a defendant’s rights Read More »
A Utah appeals court recently ruled that a prosecutor’s characterization of a defense counsel’s argument as a “red herring” did not amount to prosecutorial misconduct. Prosecutorial misconduct during closing arguments occurs when a prosecutor’s statements during a closing statement violate a defendant’s rights by, for example, calling the jurors’ attention to matters which they are
Court: ‘Red Herring’ comments did not violate a Utah defendant’s rights Read More »
A Utah appeals court recently rejected the appeal of Brad R. Ricks, a man convicted of homicide after killing a drinking buddy. The Pissing Match Turns Deadly Brad Ricks and his friend Maurice Lee were drinking together one evening in 2009. The two men started what Ricks characterized as a “pissing match about who had
Utah Roulette: Reckless Manslaughter vs. Depraved Homicide Read More »
Judge William A. Thorne Jr. recently upheld the conviction of a man accused to selling crack to an undercover officer. The man was convicted of distributing or arranging to distribute a controlled substance, which is a felony. The man appealed his conviction due to various evidentiary problems in the case. Central to the man’s appeal
Utah appeals court upholds man’s crack dealing conviction Read More »
The Sixth Amendment of the U.S. constitution guarantees individuals the right to effective assistance of counsel. Ineffective assistance of counsel is one of the most common bases for Utah criminal conviction appeals, but also one of the most difficult appeals to win. To succeed in an ineffective assistance of counsel claim, a Utah defendant has
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An appeals court recently overturned the conviction of a Utah man for aggravated sexual abuse of a child. In Utah, sexual abuse of a child is a second degree felony. Aggravated sexual abuse of a child is a first degree penalty that can carry a minimum 15 year prison sentence. A person can be convicted
“Undue Influence” in Utah Child Abuse Cases Read More »
A Utah man recently lost his appeal of his aggravated sexual assault convictions. The man’s convictions stem from an interaction he had with his live-in girlfriend one summer after a heavy day of drinking. The couple reportedly spent the day and evening drinking vodka and then got into the shower together at their home. The
Court: gas station assault and rape were not a “single criminal episode” Read More »
